GILLIS et al v. MAJOR ENERGY et al

Filing 63

ORDER OF 7/16/18 THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS CLASS CLAIMS (DOC. NO. 56), THE RESPONSE AND REPLY THERETO, AND PLFF'S NOTICE OF SUPPLEMENTAL AUTHORITY AND DEFENDANT'S RESPONSE THERETO, IT IS HEREBY ORDERED TH AT: DEFENDANT'S MOTION TO DISMISS CLASS CLAIMS (DOC. NO. 56) IS GRANTED. COUNTS 1 AND 2 OF PLFF'S FIRST AMENDED CLASS ACTION COMPLAINT (DOC. NO. 14) ARE DISMISSED WITH PREJUDICE. PLFFS SHALL, WITHIN 14 DAYS OF THE DATE OF THIS ORDER, NOTIFY THE COURT WHETHER THEY INTEND TO PURSUE THEIR REMAINING INDIVIDUAL CLAIMS. SIGNED BY JUDGE MITCHELL S. GOLDBERG. 7/16/18 ENTERED AND COPIES E-MAILED. (DT)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
BARBARA GILLIS; THOMAS GILLIS;
:
CIVIL ACTION
SCOTT MCCLELLAND; KIMBERLY
:
MCCLELLAND; INDIVIDUALLY AND ON :
BEHALF OF ALL OTHERS SIMILARLY
:
No. 14-3856
SITUATED
:
:
Plaintiffs,
:
:
v.
:
:
RESPOND POWER, LLC
:
:
Defendant.
:
__________________________________________:
ORDER
AND NOW, this 16th day of July, 2018, upon consideration of Defendant’s “Motion to
Dismiss Class Claims” (Doc. No. 56), the Response and Reply thereto, and Plaintiffs’ Notice of
Supplemental Authority and Defendant’s Response thereto, it is hereby ORDERED that:
-

Defendant’s “Motion to Dismiss Class Claims” (Doc. No. 56) is GRANTED. Counts I
and II of Plaintiffs’ First Amended Class Action Complaint (Doc. No. 14) are
DISMISSED WITH PREJUDICE.

-

Plaintiffs shall, within fourteen (14) days of the date of this Order, NOTIFY the Court
whether they intend to pursue their remaining individual claims.

BY THE COURT:

/s/ Mitchell S. Goldberg
____________________________
MITCHELL S. GOLDBERG, J.